[2024] KEHC 5722 (KLR)
The court found that although the right to bail is constitutionally guaranteed, it is not absolute and may be limited where compelling reasons exist. In this case, the prosecution, supported by the pre-bail report, established compelling reasons including the vulnerability of the child witnesses (the accused's own...
Source-derived case information.
- Citation
- [2024] KEHC 5722 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Mwangi Wangoto
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E012 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond/bail Application
- Outcome
- Bond denied; accused to remain in custody pending trial.
- Judges
- F Gikonyo
- Legal Topics
- Bail and Bond, Compelling Reasons, Victims Rights, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Mwangi Wangoto
Defendant
Procedural Posture
Criminal Case / Ruling on Bond/bail Application
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
- 3 Whether the rights and protection of victims and witnesses, particularly vulnerable children, justify denial of bail.
Ratio Decidendi
The court found that although the right to bail is constitutionally guaranteed, it is not absolute and may be limited where compelling reasons exist. In this case, the prosecution, supported by the pre-bail report, established compelling reasons including the vulnerability of the child witnesses (the accused's own children), the strong opposition of the victim's family, the accused's lack of local ties, and his prior attempt at self-harm after the alleged offence. The court emphasized the need to protect the young witnesses and the interests of justice, concluding that releasing the accused on bond would risk interference with witnesses and prejudice the trial. Accordingly, the accused...
Court Disposition
Bond denied; accused to remain in custody pending trial.
Orders
- The accused shall remain in custody during the hearing of the case.
Full Case Text
Judgment text and source record
30 paragraphs
Republic v Wangoto (Criminal Case E012 of 2023) [2024] KEHC 5722 (KLR) (15 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5722 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Criminal Case E012 of 2023
F Gikonyo, J
May 15, 2024
Between
Republic
Prosecutor
and
Charles Mwangi Wangoto
Accused
Ruling
Bond/ Bail Application 1. Mr. Korir counsel for the accused person orally applied for the accused person to be released on reasonable bond terms.
2. Ms.Mwaniki prosecution counsel stated that they wrote to the investigating officer to intimate whether there are compelling reasons. The letter is dated 25/10/2023. It was received by DCI Narok on 31/10/2023. But, there was no response.
3. However, the prosecution counsel stated that, the accused is the husband of deceased and witnesses are children of the deceased.
4. The investigating officer did not file an affidavit on compelling reasons.
5. The probation officer filed a pre-bail report on 27/02/2024.
Directions of the court 6. Both parties to file written submissions. None of the parties submissions are on record.
ANALYSIS AND DETERMINATION Right to bail 7. A person charged with a criminal offence is entitled to be released on bond on reasonable conditions except where there is a compelling reason not to be so released (art. 49(1)(h) of the Constitution of Kenya, 2010). Thus, making all offences bailable. The logic here is premised upon the right to be presumed innocent until the contrary is proven (R. vs. Richard David Alden (2016) eKLR.)
Compelling reason and burden of proof 8. The prosecution bears the onus of proving compelling reasons under Article 49(1)(h) of the Constitution- these are reasons that justify the limitation of the right to liberty in the context of Article 24 of the Constitution.
Objective of bail 9. The overarching objective of bail is to ensure the accused gets his liberty but also attends his trial. However, in granting bond the court should ensure that the accused does not prejudice the trial (Muraguri v Republic).
Grounds for objecting bond 10. The probation officer’s report documents the view of the family of the accused, the victim family as well as local administration. The victim family are strongly opposed to his release on bond and their reasons are that; the thoughtless action of the accused person robbed them of their daughter, leaving them with great anguish, and scars to heal; the accused is not from the jurisdiction of the court; and the accused may do just anything not to be prosecuted given that he stabbed himself after the commission of the offence. They also stated that they have been left with the four children of the accused to bring up.
11. The prosecution was categorical that, the children of the accused and the deceased who are young, are witnesses in this case.
12. Under the Constitution and the Victims Protection Act, the rights of victims are protected. Their views and protection are also to be considered in applications for bail.
13. The accused attempted to take his life after the commission of the offence. The family of the victim are apprehensive that he may just do anything not to be prosecuted given his earlier attempts to take his own life. The children of the accused and the deceased are witnesses in this case. They are young with the first born being of the age of nine years and the youngest two years. These are vulnerable persons to the accused.
14. Therefore, there are compelling reasons not to release the accused person on bond. He will remain in custody during the hearing of the case.
15. Orders accordingly.
DATED, SIGNED, AND DELIVERED AT NAROK THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 15TH DAY OF MAY, 2024. --------------------------------F. GIKONYO M.JUDGEIn the presence of: -Ms. Rakama for DPPKorir for accusedAccusedOtolo C/A